THE KHYBER PAKHTUNKHWA, ESSENTIAL ARTICLES CONTROL (TEMPORARY POWERS) ACT, 1947.

(ACT XV OF 1947).

CONTENTS.

PREAMBLE.

SECTIONS.

1.         Short title, extent and commencement.

2.         Definitions.

3.         Powers to control production supply, distribution, transport and prices of essential             articles.

4.         Delegation of powers.

5.         Continuance in force of existing orders.

6.         Effect of order inconsistent with other enactments.

7.         Mode of publication.

8.         Penalties.

9.         Abetment   and   Assistance   in   contravention.

10.       Offences by corporations.

11.       Cognizance of offences.

12.       Burden of proof.

13.       Bar against the issue of certain order by court.

14.       Protection of action taken under the Act.

15.       Power to make rules.

16.       Saving.

SCHEDULE

THE [1][KHYBER PAKHTUNKHWA] ESSEN­TIAL ARTICLES CONTROL (TEMPORARY POWERS) ACT, 1947.

(ACT XV OF 1947).

(Received the assent of the Governor on the 23rd April, 1947)

AN
ACT

to regulate the production, supply, distribution, transport and prices of essential articles and trade and commerce therein within the [2][Khyber Pakhtunkhwa].

            (2) It extends to the whole of the   [5][Province of the Khyber Pakhtunkhwa].

            (3) It shall come into force immediately.

(a)                "essential article" means any of the articles which is specified in the Schedule to this Act and any other article; which may be declared by the Provincial Government by notified order to be an essential article for the purposes of this Act:

(b)               "notified order" means an order notified in the Offi­cial Gazette:

(c)                "transport" means moving from one place to another within the [6][Khyber Pakhtunkhwa];

(d)               "undertaking" means any undertaking by way of any trade or business and includes the occupation of handling, loading or unloading of goods in the course of transport.

            (2) Without prejudice to the generality of the power con­ferred by sub-section (1) an order made thereunder may provide—

(a)     for regulating by licenses, permits or otherwise the production or manufacture of any essential article;

(b)     for controlling the prices at which any essential article may be bought or sold;

(c)     for regulating or prohibiting by licenses, permits or otherwise the storage, distribution, transport, dis­posal, acquisition, use or consumption of any essen­tial articles;

(d)    for prohibiting the withholding from sale of any  essential article ordinarily kept for sale;

(e)     for requiring any person holding stocks of an essen­tial article to sell them at fair prices to specified persons or class of persons or in specified circums­tance;

(f)     for regulating or prohibiting any class of commercial or financial transactions relating to any essential article, which in the opinion of the Provincial Go­vernment are, or if unregulated are likely to be, detrimental to the public matters;

(g)     for collecting any information; or statistics with a view to regulating or prohibiting any of the aforesaid matters;

(h)     for requiring persons engaged in the production, supply or distribution of, or trade or commerce in, any essential article to declare their stocks of essential articles, to maintain and produce for inspection any books, accounts and records relating to their business, and to furnish any other information relating thereto;

(i)      for regulating the processing of any essential article;

(j)      for exercising over the whole or any part of an exist­ing undertaking, such function of control and subject to such conditions, as may be specified in the order;

(k)     for any incidental and supplementary matters, including in particular the entering and search of premises, vehicles and vessels, the seizure by a person authorized to make the such search of any article in respect of which such person has reason to believe that a contravention of the order has been, is being or is about to be committed, the grant or issue of licenses, permits or other documents, and the charg­ing of fees therefore.

            (2) The exercise of the powers delegated under sub-section (1) shall be subject to the control and revision by the Provincial Government or by such person as may be empowered by it in that behalf. The Provincial Government shall also have the power to control and revise the acts for proceedings of any per­sons so empowered.

            (2) The Provincial Government may, if it considers it expedient so to do, from time to time, modify or annul any order, appointment, license, permit, regulation or direction spe­cified in sub-section (1).

(a)     personally by delivering or   tending him the order; or

(b)     by sending him an authenticated copy of the order by post; or

(c)     where the person cannot be found, by leaving an au­thenticated copy of the order with some adult male member of his family or by affixing it to any part of the premises in which he is known to have last resided or carried on business or personally worked for gain.

            (2) Where any provisions of this Act empowers an au­thority or officer to take action by notified order the provisions of sub-section (1) shall not apply in relation to such order.

            Provided that where the contravention is of an order re­lating to an essential article which contains an express provision in this behalf, the Court shall make such direction unless for reasons to be recorded in writing, it is of opinion that the direction should not be made in respect of the whole or, as the case may be a part of the property.

            (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, any Magistrate, or class of Magistrate specially empowered in this behalf by the Provincial Government, may, when awarding punishment under sub-section (1), adjudge a fine without limit of amount.

            (3) If any person to whom any provision of any order issued under this Act relates or who is in occupation, possession or control of any land, building, vehicle, vessel or other thing to which such provision relates,

(a)     fails, without lawful authority or excuse himself, or in respect of any land, building, vehicle, vessel or other thing of which he is in occupation, possession or control, to comply or to secure compliance, with such provision, or

(b)     evades, or attempts to evade, by any means, such provision, he shall be deemed to have contravened such provision; and in this Act, the expression "contravene" with its derivatives includes any such failure, evasion or attempt to evade.

            Nothing contained in this section shall be deemed to prevent the Court from granting in the suit any relief by way of compen­sation to which the party may be entitled.

            (2) Where an order purports to have been made and signed by any authority in exercise of any power conferred by or under this Act, a Court shall, within the meaning of the [8][......] Evidence Act, 1872, presume that such order was so made by that authority.

            (2) No suit, or other legal proceeding shall lie against the Crown for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of any order made under Section 3 or continue under Section 5.

(a)          the previous operation of, or anything duly done or suffered under, this Act or any rule made thereunder or any order made under any such rule, or

(b)         any right, privilege, obligation or liability acquired, accrued or incurred under this Act, or any rule made thereunder or any order made under any such rule, or

(c)          any penalty, forfeiture or punishment incurred in respect of any contravention of any rule made under this Act or of any order made under any such rule, or

(d)         any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liabi­lity, penalty, forfeiture or punishment as aforesaid;

and any such investigation, legal proceeding or remedy may be instituted, continued or inforced, and any such penalty, forfeiture or punishment may be imposed as if this Act had not expired.

SCHEDULE.

(i)                 Cattle feeds which expression shall be deemed to include oil cakes.

(ii)               Fodder which expression shall be deemed to include all green fodders such as shaftal and Berseem and all dry fodders such as stalks of maize and charri (Jowar) and bhoosa.

(iii)             Sheep and goats and their meat.

(iv)             Poultry which expression shall be deemed to in­clude, turkeys, geese, ducks and chickens.

(v)               Ice.

(vi)             Tea.

(vii)           Matches.

(viii)         Hand knitting wool.

(ix)       Wollen Cloth.

(x)        Vegetable Oils including Dalda and Vanaspati.

(xi)       Fresh Fruits.